Subdivision 1. Definition; designation. (a) Special management waters are waters that:
(1) have been subject to special regulations that have been evaluated and proven effective under an experimental waters designation under section 97C.001; or
(2) are classified by the commissioner for primary use as trophy lakes, family fishing lakes, designated trout lakes, designated trout streams, special species management lakes, and other designated uses.
(b) The commissioner may designate any waters of the state, including experimental waters, as special management waters. The commissioner shall by rule establish methods and criteria for public participation in the evaluation and designation of waters as special management waters.
(c) Designation of special management waters under this section is not subject to chapter 14.
Subd. 2. Public notice and meeting. (a) Before the commissioner designates special management waters, public comment must be received and, for waters other than those proposed to be designated as trout streams or trout lakes, a public meeting must be held in the county where the largest portion of the waters is located.
(b) For waters previously designated as experimental waters, a proposed change in status to special management waters must be announced before the public meeting by notice published in a news release issued by the commissioner and in a newspaper of general circulation in the area where the waters are located. The notice must be published at least once between 30 and 60 days before the public meeting, and at least once between seven and 30 days before the meeting. If a water proposed to be designated is a lake with a water area of more than 1,500 acres, or is a stream or river with a reach of more than six miles, a public meeting must also be held in the seven-county metropolitan area.
(c) For proposed special management waters, other than designated trout lakes and designated trout streams, that were not previously designated as experimental waters, notice of the proposed designation must be given as provided in this paragraph. The notice must be posted at publicly maintained access points at least 90 days before the public meeting and during the open angling season for fish the taking of which on the waters is proposed to be regulated under subdivision 3. Before the public meeting, notice of the meeting must be published in a news release issued by the commissioner and in a newspaper of general circulation in the area where the proposed special management waters are located. The notice must be published at least once between 30 and 60 days before the meeting, and at least once between seven and 30 days before the meeting. If a water to be designated is a lake with a water area of more than 1,500 acres, or is a stream or river with a reach of more than six miles, a public meeting must also be held in the seven-county metropolitan area.
(d) For waters proposed to be designated as trout streams or trout lakes, notice of the proposed designation must be published at least 90 days before the effective date of the designation in a news release issued by the commissioner and in a newspaper of general circulation in the area where the waters are located. In addition, all riparian owners along the waters must be notified at least 90 days before the effective date of the designation.
(e) The notices required in this subdivision must summarize the proposed action, invite public comment, and specify a deadline for the receipt of public comments. The commissioner shall mail a copy of each required notice to persons who have registered their names with the commissioner for this purpose. The commissioner shall consider any public comments received in making a final decision.
Subd. 3. Seasons, limits, and other rules. The commissioner may, in accordance with the procedures in subdivision 2, paragraphs (c) and (e), or by rule under chapter 14, establish open seasons, limits, methods, and other requirements for taking fish on special management waters. The commissioner may, by written order published in the State Register, amend daily, possession, or size limits to make midseason adjustments based on available harvest, angling pressure, and population data to manage the fisheries in the 1837 Ceded Territory in compliance with the court orders in Mille Lacs Band of Chippewa v. Minnesota, 119 S. Ct. 1187 (1999) and in the state waters of Upper Red Lake. The midseason adjustments in daily, possession, or size limits are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. Before the written order is effective, the commissioner shall attempt to notify persons or groups of persons affected by the written order by public announcement, posting, and other appropriate means as determined by the commissioner.
1986 c 386 art 3 s 2; 1992 c 462 s 16; 1Sp2011 c 2 art 5 s 54; 1Sp2021 c 6 art 2 s 70
Structure Minnesota Statutes
Chapters 97 - 102 — Game And Fish
Section 97C.001 — Experimental Waters.
Section 97C.005 — Special Management Waters.
Section 97C.007 — Northern Pike Experimental And Special Management Waters.
Section 97C.02 — Acquiring Critical Aquatic Habitat.
Section 97C.021 — Angling Restricted In Trout Streams.
Section 97C.025 — Fishing And Motorboats Restricted In Certain Areas.
Section 97C.035 — Endangered Fish Populations.
Section 97C.041 — Commissioner May Remove Rough Fish And Catfish.
Section 97C.045 — Removing Rough Fish From Boundary Waters.
Section 97C.051 — Special Permits To Use Piscicides.
Section 97C.055 — Removing Dead Fish.
Section 97C.061 — Dragging Weight Or Anchor Through Vegetation.
Section 97C.065 — Pollutants In Waters.
Section 97C.071 — Structures In Public Waters.
Section 97C.075 — Fish Screens In Flowing Waters.
Section 97C.077 — Fish Screens In Lakes.
Section 97C.081 — Fishing Contests.
Section 97C.085 — Permit Required For Tagging Fish.
Section 97C.087 — Special Fish Management Tags.
Section 97C.201 — State Fish Stocking Prohibited Without Public Access.
Section 97C.203 — Exchanging Fish Or Wildlife Resources; Disposal Of State Hatchery Products.
Section 97C.205 — Transporting And Stocking Fish.
Section 97C.211 — Private Fish Hatcheries.
Section 97C.215 — Special Permits For United States Agents.
Section 97C.301 — License Required To Take Fish.
Section 97C.303 — Conservation Angling License.
Section 97C.305 — Trout-and-salmon Stamp Validation.
Section 97C.311 — Lake Superior Fishing-guide License.
Section 97C.315 — Angling Lines And Hooks.
Section 97C.317 — Fishing By Party.
Section 97C.321 — Restrictions On Unattended Lines.
Section 97C.325 — Restrictions On Taking Fish.
Section 97C.327 — Measuring Fish Length.
Section 97C.331 — Snagging Fish Prohibited.
Section 97C.335 — Use Of Artificial Lights To Take Fish Prohibited.
Section 97C.341 — Certain Aquatic Life Prohibited For Bait.
Section 97C.342 — Disease-free Certification; Frozen Or Dead Fish Bait.
Section 97C.345 — Restrictions On Using And Possessing Nets And Spears.
Section 97C.351 — Fish Nets; Tags.
Section 97C.355 — Shelters On Ice; Dark Houses And Fish Houses.
Section 97C.361 — Restrictions On Fish Houses And Dark Houses In Boundary Waters Canoe Area.
Section 97C.371 — Spearing Fish.
Section 97C.375 — Taking Rough Fish By Spearing.
Section 97C.376 — Bow Fishing.
Section 97C.381 — Harpooning Rough Fish.
Section 97C.385 — Commissioner's Authority To Regulate Winter Fishing.
Section 97C.391 — Buying And Selling Fish.
Section 97C.395 — Open Seasons For Angling.
Section 97C.411 — Sturgeon And Paddlefish.
Section 97C.415 — Trout And Salmon.
Section 97C.417 — Reporting Invasive Carp.
Section 97C.501 — Minnow Licenses Required.
Section 97C.502 — Minnows And Leeches; Invasive Species Training Required.
Section 97C.511 — Minnow Seines.
Section 97C.515 — Imported Minnows.
Section 97C.521 — Transporting Carp Fingerlings Prohibited.
Section 97C.525 — Restrictions On Transporting Minnows.
Section 97C.611 — Turtle Species; Limits.
Section 97C.621 — Areas May Be Closed To Taking Turtles.
Section 97C.701 — Taking Mussels.
Section 97C.801 — Taking Rough Fish On Mississippi River.
Section 97C.805 — Netting Lake Whitefish And Ciscoes.
Section 97C.811 — Commercial Fishing In Inland Waters.
Section 97C.815 — Commercial Fishing Areas.
Section 97C.821 — Possessing, Selling, And Transporting Commercial Fish.
Section 97C.825 — Lake Of The Woods And Rainy Lake Fishing.
Section 97C.831 — Namakan And Sand Point Lakes; Commercial Fishing.
Section 97C.835 — Lake Superior Commercial Fishing.
Section 97C.836 — Lake Superior Lake Trout; Expanded Assessment Harvest.
Section 97C.841 — Apprentice License.
Section 97C.843 — Possession For Commercial Netting.
Section 97C.845 — Interference With Commercial Fishing.
Section 97C.851 — Commercial Fishing In International Waters; Resort Owners.
Section 97C.855 — Upper And Lower Red Lake And Nett Lake; Transportation, Sale, And Disposal.
Section 97C.861 — Fish Vendors; Requirements.